Court Overrules San Jose on California Housing Law

A court ruling means a state law intended to spur affordable housing development by providing incentives for the sale of surplus public land will apply equally in every city in California.

1 minute read

November 30, 2019, 9:00 AM PST

By James Brasuell @CasualBrasuell


"Cities in California must comply with a state law that requires them to make surplus public land available for low-cost housing, a state appeals court ruled Tuesday," reports Bob Egelko.

"The court overturned a judge’s decision that would have allowed the city of San Jose to enforce a local ordinance that has less-stringent low-cost housing requirements, and more exemptions, than the state law," adds Egelko.

According to the article, the ruling will apply to the 121 charter cities in the state. The law in question was approved by the state and 1982 and strengthened in 2014. "It says local governments that own land or property they no longer need must offer it to developers that agree to make at least 25% of the housing units affordable for sale or rent by low-income households for at least 55 years."

Tuesday, November 26, 2019 in San Francisco Chronicle

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